Nieves v. Kietlinski

The important question before this court is whether the trial court erred to the prejudice of the defendant and allowed plaintiffs a number of peremptory challenges to which they were not entitled by law.

The controlling statute is R. C. 2313.44, which provides :

“In addition to the challenges for cause under Sections 2313.42 and 2313.43 of the Revised Code, each party peremptorily may challenge four jurors.” (Emphasis added.)

If the word “party,” as used in that statute, means *141each person who is a litigant in the action, the proper number of peremptory challenges allowable in a civil action is…